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Time to modernize our courts

A few simple technological changes would help modernize Ontario’s courts and strengthen the public’s faith in our justice system.

However encouraging it is to hear Ontario’s new Attorney-General Yasir Naqvi express his intention to bring digital innovation to our courts, it is not the first time we have heard this, writes David Sterns. (Chris Young / THE CANADIAN PRESS)

By David Sterns

Mon., Dec. 12, 2016

British judge James Pickles once famously asked “Who are The Beatles?” These days in Ontario, judges, lawyers, and citizens accessing our public court system are asking “Where is the internet?” The question may seem as absurd as Pickles’ comment, but given the appalling lack of technology in Ontario’s courts, it’s a question worth asking.

In an age of instant communication, where video conferencing is virtually free, and where group meetings can be scheduled at the touch of a button, Ontario’s courts remain stuck in a world of fax machines, towering heaps of paper, and personal attendances for even routine court requests. In order for our courts to remain relevant to the people they serve, technological reform is urgently needed. Fortunately, most of the technology that is needed is readily accessible if only the government will embrace it.

Ask anyone who has navigated through the courts and they will tell you about the true costs and delays caused by our outdated court infrastructure.

As an example, today, in 2016, to start a civil lawsuit, someone must physically go to the court office and wait in line to have the initial documents stamped. Once stamped, the documents must be physically handed to the defendant by a document server. Once the document is served, an affidavit of service must be signed. All of these steps could easily be replaced by a system of electronic filing and service.

There are many examples outside of civil litigation where litigants are burdened by an outdated court system. In family law disputes, as many as 10 forms must be filled out in some regions before a judge can hear a custody, access or divorce proceeding. In criminal cases, lawyers must often travel to remote locations for a brief visit with an incarcerated client instead of being allowed to meet by video conference. If the client is on legal aid, this inefficiency is borne by the public and by the lawyer whose travel time is seriously undercompensated.

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The result is increased costs and delays to the litigants, and high costs to the taxpayer to perpetuate this antiquated system. Perhaps most worryingly, these inefficiencies erode public confidence in the justice system as recent studies have shown.

However encouraging it is to hear Ontario’s new Attorney-General Yasir Naqvi express his intention to bring digital innovation to our courts, it is not the first time we have heard this. Carrying out his promise will require support from a government that has ignored repeated calls for increased court funding and technology.

For years, governments have said there is no money to modernize the courts, or that bringing technology into our courts is too big a task to do without more study or consultation. While justice inefficiencies may not attract the same headlines as crowded emergency rooms, bringing technology to Ontario’s neglected courts is critical to lawyers’ ability to practice efficiently, and to the public who depend on a justice system that runs effectively.

To be clear, we are not suggesting a massive overhaul of the justice system. What we are urging are simple steps to leverage widely-used and understood technology to increase the efficiency of Ontario’s legal system and thereby benefit taxpayers and the thousands of individuals and businesses involved in legal proceedings.

Other jurisdictions — such as Canadian and U.S. federal courts — have used electronic filing and document management for years to enhance access to justice and save time and money. We can learn from their experiences and license their technology.

To be sure, there are many reforms beyond technology that are needed in order to make our courts run more efficiently. For example, many of the procedural rules that govern civil and criminal cases were written for a different era. Changing these rules will require the co-operation of the judiciary, the bar and the government. I know the bar is eager for this dialogue to begin.

But first, let’s pick the low-hanging fruit. Permitting court documents to be filed electronically, allowing online booking of court attendances and using video conferencing for routine court appearances are all incremental steps that our provincial government can take right now. These steps will help modernize Ontario’s courts and strengthen the public’s faith in our justice system.

David Sterns is president of the Ontario Bar Association and a partner at Sotos LLP in Toronto.

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